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Madras High CourtWP/20227/2013disposed of

S.Sathia Chandran, Advocate v. State Of Tamilnadu

2016-06-28Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.20227 of 2013 and M.P.No.1 of 2013 S.Sathia Chandran .. Petitioner-in Person -vs1.State of Tamilnadu, rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2.Chennai Metropolitan Development Authority, Thalamuthu Nadarjan Maaligai, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Heritage Conservation Committee, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.

4.The General Manager, Southern Railways, Park Town, Chennai-600 003.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the respondents 1 to 3 from deleting the Royapuram Railway Station, Chennai from the list of heritage buildings in phase-I prepared by the respondents 2 and 3.

For Petitioner : Mr.S.Sathia Chandran Party-in-person For Respondents : Mr.STS.Moorthy Government Pleader assisted by Mr.V.Shanmugasundar Govt. Advocate for R1 Mr.K.Rajasrinivas for R2 & R3 Mr.P.T.Ramkumar for R4 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks to forbear the first three respondents being the State authorities, from deleting Royapuram Railway Station, Chennai from the list of heritage buildings in Phase-I.

2. In so far as this issue is concerned, at present the building stands enlisted at Serial No.16 in the list of heritage buildings as per the Notification already issued. Thus, there is a protection to the building. As to what would happen in future, we cannot guess. But suffice to say that there is a mandate prohibitory against the Railways at present. We may suggest that if the Railways want to expand the station, such expansion is always possible even while preserving the heritage portion.

3. The writ petition is accordingly closed. No costs. Consequently, M.P.No.1 of 2013 is also closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar bbr

To 1.The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2.The Chennai Metropolitan Development Authority, Thalamuthu Nadarjan Maaligai, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Heritage Conservation Committee, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.

4.The General Manager, Southern Railways, Park Town, Chennai-600 003.

+1 cc to M/s.K.Raja Shrinivas Advocates r.36009 +1 cc to M/.S.Sathia Chandran Advocate sr.36058 +1 cc to M/s.P.T.Ramkumar Advocate sr.36098 +1 cc to the Government Pleader sr.36147 W.P.No.20227 of 2013 aa22/07/2016